What lands and resources lying within ocean and coastal waters can be leased and owned?

Throughout the coastal states of the United States and abroad, there is a surprising array of lands and resources lying within ocean and coastal waters that can be leased or owned by private entities for conservation purposes. In most cases, however, the availability of lands and resources for leasing and ownership may differ from state-to-state, region-to-region, and country-to-country. While an investigation and understanding of the local possibilities is necessary, the intent of this section is to give a general idea of the types of lands and resources which organizations could consider leasing or owning.

In general, the most common types of coastal and ocean lands and resources that can be leased or owned by private entities for conservation purposes are those that are bound to specific geographic locations, such as:

• Bottom sediments lying below the high tide line.
• Man-made or installed structures (such as historical and cultural sites) in, on, or over bottom sediments.
• Habitat “structures” (such as shellfish reefs and coral reefs).
• Flora attached to bottom sediments (such as eelgrass and kelp).
• Fauna attached to bottom sediments (such as shellfish).
• Air space and water column rights.

Resources that are not bound to specific geographic locations (i.e., fish, air quality, water quality) are less frequently (if ever) available for lease or ownership. However, it may not be out of the question to lease or own these resources in some areas or in the future. For example, there are some countries in Latin America that sell concessions for fishing rights. These concessions may allocate fishing rights to certain geographic areas, which may make them adaptable for conservation purposes. These opportunities, mostly international in nature, require more research to understand exactly which resources are available for private acquisition or management and what rights can be acquired.